Appellate Court of Illinois, 1917

Sasek v. Triska

Appellate Court of Illinois · Decided April 30, 1917 · McSurely

205 Ill. App. 414; 1917 Ill. App. LEXIS 1169

Opinion of the Court

Mr. Presiding Justice McSurely

delivered the opinion of the court.

3. Malicious prosecution, § 74*—what must he proved in action for. In an action for malicious prosecution, it is essential that malice be shown on the part of the defendant who started the prosecution, and a want of probable cause for believing that the plaintiff was guilty of the offense charged, and want of such probable cause is not shown by the acquittal of the plaintiff.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.